08
SB387/AP
Senate
Bill 387
By:
Senators Staton of the 18th, Chance of the 16th, Wiles of the 37th, Harp of the
29th, Moody of the 56th and others
AS
PASSED
AN
ACT
To
amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to absentee ballots, so as to allow electors to request and
cast absentee ballots without stating a reason for doing so; to allow the
electronic submission of absentee ballot requests by certain electors; to
require registrars and absentee ballot clerks to determine the eligibility of
electors to vote by absentee ballot; to provide for the safekeeping of absentee
ballots; to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to absentee ballots, is amended by revising Code Section 21-2-380, relating to
the definition of an absentee elector and reasons for voting by absentee ballot,
as follows:
"21-2-380.
(a)
As used in this article, the term 'absentee elector' means an elector of this
state or a municipality thereof who:
(1)
Is required to be absent from his or her precinct during the time of the primary
or election he or she desires to vote in;
(2)
Will perform any of the official acts or duties set forth in this chapter in
connection with the primary or election he or she desires to vote
in;
(3)
Because of physical disability or because of being required to give constant
care to someone who is physically disabled, will be unable to be present at the
polls on the day of such primary or election;
(4)
Because the election or primary falls upon a religious holiday observed by such
elector, will be unable to be present at the polls on the day of such primary or
election;
(5)
Is required to remain on duty in his or her place of employment for the
protection of the health, life, or safety of the public during the entire time
the polls are open when such place of employment is within the precinct in which
the voter resides; or
(6)
Is 75 years of age or older.
(b)
An elector who requests an absentee ballot by mail or who casts an absentee
ballot in person at the registrar´s office or absentee ballot clerk´s
office shall not be required to provide a reason in order to cast an absentee
ballot in any primary, election, or run-off primary or
election."
SECTION
2.
Said
article is further amended by revising subparagraph (a)(1)(A) of Code Section
21-2-381, relating to the making of application for absentee ballot, as
follows:
"(a)(1)(A)
Except as otherwise provided in Code Section 21-2-219, not more than 180 days
prior to the date of the primary or election, or runoff of either, in which the
elector desires to vote, any absentee elector may make, either by mail, by
facsimile transmission, or in person in the registrar´s or absentee ballot
clerk´s office, an application for an official ballot of the elector´s
precinct to be voted at such primary, election, or runoff. Persons who are
entitled to vote by absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may
additionally make application for an official ballot by electronic
transmission."
SECTION
3.
Said
article is further amended by revising paragraph (1) of subsection (b) of Code
Section 21-2-381, relating to the making of application for absentee
ballot, as follows:
"(b)(1)
Upon receipt of a timely application for an absentee ballot, a registrar or
absentee ballot clerk shall enter thereon the date received. The registrar or
absentee ballot clerk shall determine, in accordance with the provisions of this
chapter, if the applicant is eligible to vote in the primary or election
involved. In order to be found eligible to vote an absentee ballot by mail, the
registrar or absentee ballot clerk shall compare the identifying information on
the application with the information on file in the registrar´s office and,
if the application is signed by the elector, compare the signature or mark of
the elector on the application with the signature or mark of the elector on the
elector´s voter registration card. In order to be found eligible to vote
an absentee ballot in person at the registrar´s office or absentee ballot
clerk´s office, such person shall show one of the forms of identification
listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall
compare the identifying information on the application with the information on
file in the registrar´s office."
SECTION
4.
Said
article is further amended by revising subparagraph (a)(1)(A) of Code Section
21-2-386, relating to safekeeping, certification, and validation of absentee
ballots, as follows:
"(a)(1)(A)
The board of registrars or absentee ballot clerk shall keep safely, unopened,
and stored in a manner that will prevent tampering and unauthorized access all
official absentee ballots received from absentee electors prior to the closing
of the polls on the day of the primary or election except as otherwise provided
in this subsection."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.